– Parental Relocation –
At the Eric Boles Law Firm in Tampa our attorneys help you to negotiate and litigate over parental relocation under the guidelines of Florida Law
When families break up, it is not uncommon for one parent to eventually want to move elsewhere, for a relationship, job or another reason. If children are involved, parental relocation can be particularly delicate and it is important for you to know your rights and those of the other parent.
The custodial parent that wants to relocate out of state with children after your divorce must have the consent of your former spouse. Without consent, an application with the Court seeking permission to relocate must be files. In your application you must show a “good faith reason to move” to another state and that the move will not be contrary to your children’s best interests. Your former spouse can file an application to prevent you from moving.
Florida Parental Relocation
In Florida, a custodial parent who wants to move with the child more than 50 miles away, for any period longer than 60 days, must notify the other parent before moving. If the noncustodial parent agrees to the move, the parents must file a written agreement with the court. If the parents can’t agree, the judge will hold a hearing and decide whether to allow the move. If the court views the move as negatively impacting the children or their relationship with the other parent, the judge may not approve the relocation.
If both parents agree to the move, they may file a written agreement with the court that includes the noncustodial parent’s consent to the move, any proposal to modify the visitation schedule, and any arrangements the parents have made for transportation in order to effect the visitation. The court will also require that the move be approved by anyone else with visitation rights (such as a grandparent).
If the noncustodial parent doesn’t agree to the move, the custodial parent must file a petition for relocation with the court. If the noncustodial parent fails to respond to the petition, the judge will presume the move is in the child’s best interests and will allow it, absent good cause to do otherwise. If the noncustodial parent responds, the court will hold a hearing or trial to decide the issue.
Contact a Florida Family Lawyer experienced in Parental Relocation
Whether you are the custodial parent or non-custodial parent, and whether or not you are the parent seeking to relocate out of state with your children, these matters are always complicated and emotionally charged. The Eric Boles Law Firm in Tampa, Florida will guide you through this difficult situation. For a free consultation with a compassionate Matrimonial Attorney knowledgeable on Parental Relocation at the Eric Boles Law Firm complete the contact form (click here) or do not hesitate to call (813) 933-7700.